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Bombay High CourtCHOL/268/2025disposed off

Lydia Pauline Carvalho v. Max Peter Carvalho

2025-10-17E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 17th October, 2025 CALLED FOR DIRECTION:

3.CHOL/ 268/2025 AMH20230017411C20250 ) ) ) ) Ms. Kinjal Kakkad i/by Jayesh Vyas, Advocate for the Applicant / Petitioner.

IN TP/351/2023 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon ALL CONCERNED legal heirs of Bertha Max Carvalho, wife of the deceased, by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Mumbai, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the deceased died as issueless. The Applicant has further stated she is not aware of legal heirs of Bertha Max Carvalho and their whereabouts. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai.

: 2 :

4.

Heard. Ld. Advocate for the Applicant submits that, the deceased died as issueless and the Applicant is not aware of legal heirs of Bertha Max Carvalho and their whereabouts. She, therefore, submits that, the Applicant be permitted to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi, widely circulated in Mumbai. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 7 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Shakti" in vernacular language i.e. Marathi widely circulated in Mumbai, by way of substituted service of citation upon ALL CONCERNED of legal heirs of Bertha Max Carvalho of the deceased within six weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 17.10.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk